the elephant slapping that teenager across the face in africa smacking her phone to the ground as well. she is okay. no selfys please. thank you so much for joining us. "fox and friends first" continues right now, goodbye. >> he thought she was going to bang on the glass like a hockey game and next thing you know she is gone. rob: it is wednesday, july 10th. a scary story. a heartbroken family demanding answers with details how little chloe we can sell 11 stories to her death out of an open cruise ship window. jillian: royal caribbean scrambling to answer why it wasn't secured.

another roadblock in the trumpet ministration's push to put a citizenship question on the 2020 census. rob: the fight is far from over. support for the white house is growing. home depot demanded a boycott over support for the president. of the 20 they are missing a major detail that could throw a wrench in their plans. "fox and friends first" continues right now. ♪ jillian: you can get approval from rob, you really like the song. rob: hall and oates. jillian: your watching "fox and friends first" on wednesday morning.

rob: donald trump calling a federal judge who blocked the justice department from swapping out its legal team in this fight over the 2020 census. the ruling as house democrats push the attorney general william barr and commerce secretary ross in contempt. jillian: garrett tenney joins us as the legal fight continues to heat up. >> reporter: this ruling is another setback for the trump administration as it tries to find a way to get a citizenship question added to the 2020 census. a federal judge in new york blocked the justice department from switching out its lawyers handling this effort citing concerns that the case would be delayed as a result. and his ruling, an obama appointee wrote defendants provided no reasons little unsatisfactory reasons for the substitution of counsel adding defendant's mere expectation that withdrawal of current counsel will not cause any

disruption is not good enough. the justice department has been trying to swap out its legal team as it tries to come up with a new argument for it including the citizenship question on the census, donald trump responded the latest setback tweeting the obama appointed judge in the us citizens of the united states won't let the justice department use the lawyers it wants to use. could this be a first? on capitol hill the census fight has become one of the leading topics from democrats accusing the trump administration of trying to marginalize minorities with the question. >> i don't think there are any doubts why they want that question, to undercount latinos so that they can create congressional districts which will not be democratic and also make sure federal funding does not go to those underserved and often minority communities.

>> reporter: house democrats are investigating origins of the citizenship question and are moving ahead with plans to vote on holding the attorney general and commerce secretary in contempt for not cooperating with those investigations was multiple sources tell us that contempt to vote likely won't happen until next week. jillian: when it happens, we will be there. democrats calling for labor secretary alex r costa to resign or be fired over his role in a secret 2008 pleaded deal with wealthy businessman jeffrey epstein facing new sex trafficking charges. >> epstein should have been behind bars years ago but unfortunately secretary of labor alex acosta. >> reporter: the plea bargain allows federal charges and serve just 13 months in prison. he is not resigning and our costa himself tweeting, quote,

crimes committed by epstein are horrific and i am pleased prosecutors are moving forward with the case based on new evidence. jerry nadler is threatening to investigate the plea deal. fox news learned donald trump band epstein from mara lago over sexual assault allegations ten years ago. rob: the mother of a teenager charged in a car crash that killed a police officer is apologizing to his family. that mother sending a handwritten letter reading i know nothing i say or do will use your pain or mend your hearts. please accept my deepest condolences and apologies to your entire family. her 17-year-old daughter was driving without a license when she led to the crashed in the car of john anderson. she was speeding away from a traffic stop on the fourth of july. john anderson leaves behind an 18 month mac son.

a man asked that could be linked to one of california's powerful earthquakes last week. police found him pinned underneath his car in nevada 105 miles from the first 6.4 magnitude quake that was hit. they believe he was working on the car when the earthquake forced him off the jack it was sitting on. 's death would be the first caused by those quakes in california. >> new jersey state senators colin to remove two judges for they are outrageous remarks in separate sexual assault cases involving minors. they are under fire for refusing to try two, 60-year-olds as adults, triano saying the defendant came from, quote, a good family and has a bright future. silva i use her case was not an especially heinous offense. both decisions were overturned by an appeals court. there is a push for judges to take a mandatory training program on dealing with sexual assault cases.

rob: billionaire political activist tom steyer and her in the crowded 2020 presidential race as the 23rd democratic candidate. jillian: joe biden continues to lead the pack. donald trump is closing the gap in the general election. rob: todd pyro joins us live. >> reporter: if you thought eric swalwell would thin the herd, his fellow californian tom steyer is in. >> you think there is's and -- something critical, try as hard as you can and let the chips fall where they may and that is what i'm doing. my name is tom steyer and i'm running for president. >> reporter: remember when he said this? >> i am not running for president this time. instead, i am strengthening my commitment to need to impeach. >> reporter: he did say at this time. based on this latest polling it

seems it is joe biden's race to lose. the emerson poll has kamala harris's performance, doubling her support in the process biden has a 15 point lead in the democratic primary thanks to bernie sanders dropping 12 points and elizabeth warren holding steady. according to ari fleischer biden is in trouble. >> the real question is joe biden, hillary clinton 2020. i think all evidence will point that is going to be the case for him. he feels like yesterday's senator and that is his problem. >> the biggest winner of the debates might be donald trump. he leads warren, harris and pete buttigieg after trailing them last month and closed the gap on sanders and biden. debate number 3 hosted by abc news september 12, 13th, it could feature as many as 20 candidates but the second might not happen depending on how many candidates qualify. jillian: thank you.

rob: robert johnson says the democratic party has moved too far to the left. the longtime democrat says he is not supporting a 2020 candidate at this time but he did praise our current president for the booming economy. >> african-american unemployment is at its what was level, hispanic unemployment, i give the president a lot of credit for moving the economy in a positive direction that is benefiting a large number of americans. the party in my opinion has moved for me personally too far to the left. at the end of the day if a democrat is going to be trump that person he or she is going to have to move to the center. rob: a big statement, johnson give the president a plus for the economy but says his divisive politics are not helping america. jillian: because the president's economy a major hurdle for any democrat running in 2020.

rob: the cochair of project 21, an initiative that closed the views of african-americans says the president is delivering on his promise to put people back to work. >> every american votes their own interests and when the march on washington, the original march on washington when martin luther king spoke it was originally organized as a jobs rally because people want to have control over their lives and their destiny and improve the lives of their family. this is what has happened over the last two years of the trump administration and they like it and they know it. jillian: the trump administration claims credit for the lowest unemployment rate and 50 years as well as the lowest unemployment rate in history for african-americans, hispanic americans, asian americans. rob: the american league wins bragging rights for a seventh straight year.

>> a to run game, here, there it goes. homerun joey callow. rob: beating the national league, 4-3. jillian: mvp before the game a moment of silence honoring los angeles angels pitcher tyler skaggs who was found dead last week. it is 11 minutes after the hour. both of these victims killed by illegal aliens in place is now known as sanctuary cities. one republican senator just gave families like there's another way to get justice. rob: bernie sanders and aoc want to declare climate change emergency but our next guest to work that the epa thinks the only threat is their socialist agenda. stay tuned for that. chugga-chugga, charles! my man! hilda, i like the new do. got some layers in there, huh?

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jillian: welcome back on capitol hill today. house democrats that to hold a hearing calling kids in cages, the house oversight committee taking a closer look at the inhumane treatment of migrant children and border detention centers. the hearing comes as border apprehensions plunged 28% on the heels of the deal with mexico sending their national guard troops to the border. texas congressman michael cloud visited last month and joins us earlier and says the drop in apprehensions shows the big change. >> we understood it is a crisis for many months. i am happy to see we are at the point we are not calling this a manufactured crisis, we recognize it is a real one. jillian: the apprehension drops come after deploying the national guard. rob: republican senator signing onto a bill that would allow victims of illegal immigrants to sue the sanctuary city where the crime happened.

federal appeals court blocked kate steinle's parents from suing san francisco after an illegal immigrant shot and killed their daughter in 2015. jillian: bernie sanders and alexandria ocasio cortez are becoming the green new duo pushing cogs to declare climate change as a national emergency. >> there are many many challenges facing this country but at the top of the list must be the accidental threat to our planet. >> not just the scientific races or and financial crisis, a climate crisis, this is a political crisis. we have less than 12 years and this is the first step. rob: here to weigh in deputy assistant administrator for the epa's air office, thank you for coming on this morning. the number one threat to

humanity is climate change. what did you make of this? >> i couldn't disagree more. bernie sanders and aoc getting together to talk about climate change, hard to know where to begin. bernie is trying to make up affect his campaign lost momentum after terrible performance the first debate night where he came off as old crazy and out of touch. and he is destined for aoc to save him from that fact. jillian: they unveiled a new resolution that would declare climate change a national emergency. how far does this go? >> it doesn't really matter. it is a resolution and if it is such a crisis they would be introducing legislation and actual policies but for them it is all about politics and also it shouldn't be lost on the fact this is immediately after donald trump in a great speech on monday laid out all the progress we have made on the environment. democrats do not want to give donald trump a win even in areas where they have historically wanted things like clean air where we have the cleanest a record, clean water even things like criminal justice reform and

the fact that drug prices are failing. they don't want to give him a win. they introduce these political resolutions to talk about something but not work with the president who is moving the ball forward. rob: a lot of people don't know what to think about climate change because it seems there is science on both sides of this issue. what is your position? can't be good for the world to have all this air and gas dumping into the sky. >> climate change is not a crisis, it is not a next essential threat. it is something that has been happening since humans have been on this planet and one thing we have proven very good at is adapting to an ever-changing climate. rob: doesn't your present a lot of science that says we are doing damage to the world? >> there's a lot of science on both sides of this issue and you are right to.that out. the truth is i talked to a number of scientists at the agency, internationally at various forums, when you get out

of the political conversation there willing to have a legitimate constructive conversation. beyond the fact the people agree the climate is changing everything beyond that there is serious lack of consensus on the issue and to figure it out. doesn't know, doesn't mean we should seek out the truth but trying to say this is a fact and you have to take these relative actions which is what the democrats are trying to do is nothing more than political pandering and attempting to scare the american people into accepting the truth which is their socialist ideas. >> a lot of people believe climate change is a real thing and a lot of people argue we will be here on this planet after 12 years. rob: people in the middle don't know what to think. rob: 19 after the hour. home depot shoppers hammering the company cofounder for supporting the president but one key fact getting lost in all the calls. jillian: carly shimkus live to explain. good morning.

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rob: the left calling for a boycott against home depot after the cofounder pledges support and just one problem, he left the company 15 years ago. jillian: donald from weighing in. carly shimkus with serious xm 115. carley: 90-year-old home depot cofounder revealed before he dies he plans to give away nearly all of his $6 billion fortune, going to charitable causes but he plans to donate to donald trump's reelection campaign.

that fact setting off a wave of angry treats from people calling for home depot boycott. home depot shoppers, if you are anti-trump, boycott the store and cut up your cards. the only problem is markets have nothing to do with home depot for years. home depot released a statement saying bernie retired from the home depot more than 15 years ago and isn't speaking on behalf of the company. as a standard practice the company does not endorse presidential campaigns. donald trump weighing in on the debacle with this tweet. there are far more deplorables in this country than bad. due to them, what they do to you, fight for bernie markets and home depot. marcus says he donated $2 billion to an estimated 300 charities over the lifetime and the majority of his or meaning fortune like i said will go to

charitable causes. jillian: he left 15 years ago. i love the smell of home depot. what is new with aoc? carley: a federal appeals court ruled donald trump cannot block people on twitter because it would be a violation of the first amendment, and other elected officials, democratic new york assemblyman, alexandria ocasio cortez from blocking him on twitter. ocasio cortez is acting cowardly and should be ashamed of her attempt to silence me. this potential legal battle has twitter talking. like i always tell my students the same rules apply to everyone. another person says can't wait

to see what the court says about this. one more tweet, what's next? telling someone to talk to the hand? this is getting crazy. a lot of conversation about this on social media. rob: those two do not get along. jillian: it is 25 after the hour, devastating details in the case of this toddler who fell overboard on a cruise with the family, the attorney says the grandfather who held her is not to blame. >> is sunday night the new monday morning? weekend late night emails burning people out. should they be banned? ♪ i get ingrowing hairs" "oh i love it. it's a great razor. it has that 'fence' in the middle.

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legal team over the 2020 sentence, the ruling creating another roadblock in the president's efforts to add a citizenship question. rob: democrats calling for alex acosta to resign or be fired because of his role in a secret 2008 pleading with jeffrey epstein who is facing new sex trafficking charges. labor department says acosta is not resigning. jillian: auto executive lee i o icooco will be laid to rinse. he say price of from bankruptcy in 1980s and introduce the mustang and minivan. he was 94 years old. rob: the topic was killed on a cruise ship fell through an open window. a family attorney revealing details of the tragic death on that royal caribbean cruise line. jillian: the family is defend

the grandfather who was holding her before she fell. >> reporter: a horrible tragedy for when indiana family is there 18-month-old daughter falls to her death during a cruise ship vacation. it happened on royal caribbean freedom of the seas. chloe and her grandfather were in a play area for kids. he put the top on a wooden railing running along a wall of glass not realizing one of the glass panels was open. >> he thought she would lean on the glass and it would be great and then she was gone. >> reporter: michael winkleman disputes reports the grandfather accidentally dropped the 18-month-old putting the blame on royal caribbean and how the room was designed. >> why would you ever in a kids play area put windows passengers can open and it was reasonable to think that this was all glass? >> reporter: the families from south bend, indiana where the father is a local police

officer. the department put out a statement saying the south bend police department offers condolences to officer alan william and his family during this difficult time following the tragic loss of their child importer rico. royal caribbean says the company is, quote, deeply saddened and express a sympathies for the family. at the time the ship was docked in san juan. police are investigating and the family remains on the island. the ship went into service in 2006 and the family attorney notes the newer cruise ships don't have the same configuration meaning passengers on those ships cannot open those glass windows. jillian: women's march cofounder doubling down after backlash over her tweet saying jesus was palestinian. the activist tweeting reports that jesus was a palestinian, twitter -- doesn't violate our standards. it is also true. jesus wassus's

routes. rob: alexandria ocasio cortez firing back at nancy pelosi for belittling progressives who voted against the border aid package, telling fox news her comments are puddling adding, quote, what the speaker said is not true. it is just wrong. has progressives, it's okay not to vote for the legislation to make a point. policy telling the new york times all these people have the republic whatever in their twitter world but didn't have any following. there are four people and that is how many votes they got. jillian: homeland security officials testified before a house committee on the government's use official recognition. ice uses dmv databases without consent. rob: tracy carrasco here with what we can expect. >> reporter: you can expect tough questions as officials from the the permit of homeland

security which includes tsa and customs and border protection will answer to the house panel, testify about the government's use of facial recognition. it is sweeping the country. and privacy, and civil rights concerns and this does come on the heels of those documents showing ice, those dmv databases, we will watch this closely. rob: california the first state to give taxpayer-funded healthcare to illegal immigrants. >> reporter: gavin newsom signed a bill into law that would give adults 25 and younger with medicaid program regardless of their immigration status. this is not for everyone 25 and younger, it would be those based on income status, state

officials expect this would help 90,000 people costing taxpayers $98 million, covering children 18 and younger. >> those are the cheapest ones. >> our friend and colleague it henry is recovering after undergoing surgery donating part of his liver to his sister. >> and and his sister are doing fine, ed donated 30% of his liver to his sister colleen and in 4-6 weeks both of their livers will grow back to 100%. jillian: we wish them our prayers. a lot of people have been sending thoughts on social media. rob: an emotional become. how crazy that the liver grows back. that is wild.

>> i don't grow back. not nearly -- >> a little crazy, temperatures across the south into the lower 80s, a lot of heat advisory is. a possible tropical storm, there is an area of low pressure hovering over the southeast. it will drift over the gulf of mexico as 90% chance of turning into a tropical storm barry over the next 48 hours. that is very likely. it will slowly drift to the west as it does so bringing heavy rain to several areas and that will be the biggest concern with this system, heavy rain but these are possible tracks working its way to the louisiana coast possibly into texas and the big concern will be heavy rain all along the gulf coast. wherever it makes landfall that

is where we are talking about as much as a foot of rain in the next 48 hours. rob: i saw you in montauk over the weekend. thank you very much, appreciate it. 37 after the hour. on the eve of celebrations, team usa's honor, megan taking one more shot at the president. >> for the administration to put us on display, i don't think that makes sense for us at all. rob: we are live in lower manhattan for team usa's tickertape parade coming up today. jillian: the tourists, the elephant and the slap that is now going viral. ♪

rob: delta flight forced to make an emergency landing after one of the plaintiffs engines malfunctions thousands of feet in the sky. you can see a piece of the left engine dating colin as the metal cylinder inside is on fire turning orange. passengers say they heard a loud boom as the cabin filled with smoke. imagine that 2 miles in the air. flight from atlanta to baltimore forced to land in north carolina. delta says the engine was replaced and the plane will be back in the air today. no one was hurt but that is scary. jillian: a minnesota community is demanding city council reconsider unanimous vote the remove the pledge of allegiance from the meeting. >> and to the republic for which

it stands, usa, usa. jillian: they made the last month without public hearing. the chairwoman jennifer carnahan joined us earlier on the controversial vote. >> this issue goes so much beyond a suburb of minnesota. it is people kneeling for the national anthem saying we are not going to recite the pledge. when did it become okay not to be proud of america, the flag and everything our country stands for. jillian: the council says it will study the issue. there words. rob: thousands of fans will honor the us women's soccer team in new york today, the world, champ takes a victory lap but not without controversy. jillian: more with what we can expect. good morning to you.

>> reporter: the stage is set in city hall where the team will speak and be given the keys to the city from new york city mayor l diblasio. the us women's national team will make their way through downtown lower manhattan, they will start the battery and end in city hall, two big floats, 2000 pounds of confetti and fans lining up to find the best spot on the parade route. this has been an incredible world cup run, historic, the fourth world cup for the us women's soccer team, the most in history. they have scored the most goals by any women's team in the world cup, 26. as a matter of fact this team never trailed, not for one second in the tournament. there is some controversy. there has been -- it is centered

around the team leader, megan. she talked about this in the sense that she is somebody who said she's not going to the white house, she believes she doesn't believe in what donald trump is standing for. donald trump tweeted i understand but before you say anything when the world cup first. the team won the world cup. and she believes the team should not go to the white house, take a listen. >> i would say the message is excluding people. they are excluding me, excluding people of color, excluding americans that may be support you. >> reporter: megan says she plans on meeting with aoc and nancy pelosi and chuck schumer. jillian: we will see how it continues to play out.

the team convicted of encouraging her boyfriend to kill himself via text messaging appeal to the supreme court. the conviction violates her right to free speech. rob: does she have a case? two legal experts to debate. jillian: time to check in with what is coming up on "fox and friends". >> reporter: what have i missed so far? i have been watching the news, great show. in 15 minutes, how california is giving healthcare to illegals and all sorts of oversight issues in the nations capital, we will talk to the former oversight expert, trey gowdy, live in the 8:00 hour. you know her as an actress from buffy the vampire slayer and ferris bueller's day off, kristy

swanson will join us live in the studio. that kicks off 14 minutes from now. you won't go to the parade in four hours? thanks so much.

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jillian: michelle carter who encouraged her boyfriend to commit suicide via text message wants the supreme court to throw out her conviction. her lawyer calling her actions free speech. does she have a case? attorney and legal affairs reporter alex hoyer joining me now, thank you for being here, appreciate it. you say she has a case, why?

>> reporter: it is interesting. her lawyers are making this argument, the supreme court has been partial to protecting free speech. it will be interesting if she can convince four justices that all they need is to take it. what is different in this case than other courts across the country that grappled with similar issues is she wasn't present at the time of death. she purchased the means by which the boy killed himself. in utah, minnesota, the guy was helping the suicide. they suggested bleach and hanging and two names he did not choose to use. and in massachusetts versus other states across the country.

>> on the minnesota case you were just mentioning, in october 2014 the minnesota supreme court reversed convictions as this was for a nurse who encouraged suicide. the law banning encouraging or advising suicide is unconstitutional because a free-speech however the interesting part is the justices upheld part of the law that makes it a crime to assist in someone's suicide. based on that that is one example. how do you think that could impact a decision like this. would it? >> i don't think it does. there is no question about it, the issue we have here is while he was in commission of the suicide -- she had been showing how to do it and telling him don't go for treatment, don't go to your parents. while he was killing himself he got out of the vehicle and the judge -- she said get back in and finish the job.

she assisted him. that was the judge's argument but it wasn't just free speech but an issue that she aided and abetted his suicide during the course of the suicide himself. heather: look this quote from the petition to the supreme court. it reads before the case no date had interpreted common-law or an actor assisted suicide statute to criminalize such speech and no other defendant has been convicted. where the defendant neither provided the means of death nor physically participated in that suicide. how do you see this playing out? >> it will be interesting. some of the other quotes you can tell what justice they are trying to sway to take the case. a couple different cases quoted from neil gorsuch. he had been known to side with the liberal wing of the court in invalidating couple sentences and that is one of the arguments

here that this girl was convicted under common-law manslaughter and they argue that is the conduct and it never before dealt with reckless speech, always reckless conduct. where the law is absent, how does someone know if they are breaking it and so it will be interesting whether they can win those votes to get into the country's highest court to make the case. jillian: final word to you? >> having better prosecutorial agency, if it came before me i would not have prosecuted this case for the reasons being brought out here. speech, when you get into that and criminalizing it, it becomes very complex, in the end you're responsible for your own actions. jillian: you know more about this than me. thank you for explaining it to me. we will be watching it. rob: 53 minutes after the hour,

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the more, the merrier. got to have this stuff in the morning. oh, that's too hot. act your age. get your own insurance company. carlo, why don't you start us with a little bit of cereal? you can spread it all around the table. and we're gonna split the warm hot dog. and i'll have a glass of grape juice to spill on the carpet. oh, uh, do you want some to spill? act your age. get your own insurance company.

rob: have you ever heard of the sunday scaries? it appears they are a real thing. >> i'm also going to need you to go ahead and come in on sunday, too okay? we lost on on talking that anxiety of sunday night going into monday. some employers banning weekend and late night emails to prevent so-called employee burnout. workplace stress that has not been successfully managed. jillian: 62% of working adults feel pressure to be available around the clock. rob: do you think this is a good idea banning those emails on the weekend? your comments pouring in. jillian: no work-related emails over the weekend if off. rob: yes, people work 40 hours a week they deserve two days off. jillian: no, i like to know what's coming on monday. i like to know that too, to know what i'm in for. rob: time for the the good, the bad, and the ugly. we start with the good.

our friend sister ma mary jo throwing out pitch. now up for espy award for viral moment. she joined us on "fox & friends" after taking over the internet and then look at that she sunk ainsley into the water with her rocket of an arm. jillian: it did happen. i was there. rob: did we get it? well, eventually it happens. jillian: i promise it happens. now the bad. a georgia woman ordering her daughter's birthday cake with a disney princess moana the baker thinking the mom ordered a marijuana themed cake. the court thought it was funny and posted it on facebook. she said it still tasted good. >> more than she bargained for wild wife photo shoot in africa. watch this. >> oh my gosh. the elephant punching that pennsylvania teen across the

face and knocking the phone to the ground. in a letter to fox she said she felt like she had been hit by 10 people at once. scary. she is okay. jillian: got to go. bye. ♪ hander hands up ♪ playing my song. >> baseball. american league continues to flex their muscles over the last -- steve: that is an understatement the american league last night in cleveland seven times in a row they won the 90th annual all-star game. and it was. ainsley: the announcers aren't even excited the guy blowing bubbles with bubble gum. griff: 4-3. all-star game it could have been higher. ainsley: these are the b